Appellate

  • July 19, 2019

    DC Circ. Affirms Corn Starch Co. Violated NLRB Rules

    The D.C. Circuit Friday affirmed the National Labor Relations Board’s finding that a multinational corn starch manufacturing company committed a slew of labor violations at an Iowa corn processing plant by denigrating its union, dealing directly with employees, and threatening job losses.

  • July 19, 2019

    NH Justices Back Block Of Eversource Hydropower Project

    New Hampshire state regulators were within their authority to reject Eversource Energy's proposal for the primary portion of a $1.6 billion power line project intended to ship Canadian hydroelectricity to Massachusetts, the state's Supreme Court held Friday.

  • July 19, 2019

    DC Circ. Refuses To Publish Sovereign Immunity Ruling

    The D.C. Circuit declined Friday to reclassify its decision shooting down Ukraine’s sovereign immunity defense in an enforcement action, rejecting a request by a London-based asset manager that is trying to enforce a €128 million ($143.8 million) arbitral award against Spain in a separate suit.

  • July 19, 2019

    Gang Crime Doesn't Warrant Deportation, 4th Circ. Says

    The Fourth Circuit on Friday threw out a removal order against a U.S. green card holder convicted of gang participation, finding the Virginia anti-gang law he violated covers lesser offenses, like trespassing, that do not merit deportation.

  • July 19, 2019

    Mexican Cos. Tell 10th Circ. $36M Award Wrongly Confirmed

    A Mexican cement company has urged the Tenth Circuit to reverse the confirmation of a $36.1 million arbitral award in favor of a Bolivian investment firm, saying the Colorado federal court lacked jurisdiction over the Mexican parties and should never have enforced the award.

  • July 19, 2019

    Pa. Man's $3.5M Award Over Missed Heart Disease Upheld

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to award $3.5 million in a suit accusing a hospital of failing to timely diagnose a man’s heart disease, saying certain medical expert testimony was not required.

  • July 19, 2019

    Man With Schizophrenia Got Fair Removal Hearing: 5th Circ.

    The Fifth Circuit on Thursday let stand a deportation order against a Haitian man with schizophrenia, saying a judge had properly followed necessary safeguards during his immigration proceedings.

  • July 19, 2019

    TD Bank Wins NJ High Court Review Of Forged Checks Ruling

    TD Bank has convinced the New Jersey Supreme Court to review a ruling that a dentist may pursue a claim against the financial institution under the state's Uniform Fiduciaries Law for allowing his then-employees to fraudulently deposit into their accounts checks that were issued to him and his practice.

  • July 19, 2019

    11th Circ. Won't Force City To Trash Red Light Cameras

    The Eleventh Circuit has said it will not stop an Alabama city from using traffic cameras to penalize drivers who run red lights, dismissing a lawsuit challenging the policy for reasons that differ from an Alabama district court's.

  • July 19, 2019

    Fed. Circ. Won’t Weigh If Inventorship Is Tied To Validity

    The Federal Circuit on Thursday said it would not consider an appeal in a battle between paper manufacturers concerning who invented a patent covering a process for using ultrasound to dry paper during manufacturing.

  • July 19, 2019

    Scientists Ask 1st Circ. To Revive Expert 'Purge' Lawsuit

    A group of scientists told the First Circuit a lower court wrongly signed off on a Trump administration directive that bars scientists from its advisory committees who receive U.S. Environmental Protection Agency grants, saying it violates the Administrative Procedure Act.

  • July 19, 2019

    'Conspiracy' Claim Can't Save Antitrust Case, 7th Circ. Told

    The Seventh Circuit should reject attempts to cut the legs off a rule blocking indirect purchasers from suing a manufacturer for antitrust violations, the Washington Legal Foundation told the court, which is considering antitrust claims from buyers of syringes and catheters who think they were forced to pay too much.

  • July 19, 2019

    Justice Gorsuch Tells Law Student: Work Hard, Be Kind

    Since being sworn in as a U.S. Supreme Court justice in 2017, Justice Neil Gorsuch has already penned several significant opinions for the high court. But on Thursday, a very different piece of his writing drew the attention of thousands online — a letter he sent to a law student who had asked for his advice.

  • July 19, 2019

    Fed. Circ. Revives Suit Alleging Air Force Contaminated Water

    The Federal Circuit on Friday revived two California water districts' case over hexavalent chromium contamination allegedly stemming from a local U.S. Air Force base, saying a lower court had misclassified their claims as a regulatory taking dispute instead of a physical taking case.

  • July 19, 2019

    Excela Surgical Center Doesn't Get Hospital's Tax Exemption

    A Pennsylvania appeals court ruled Friday that an ambulatory surgical center owned by an Excela Health hospital in Westmoreland County did not qualify for an exemption from property taxes because it could not be considered a "hospital" in and of itself.

  • July 19, 2019

    SC Utility Customers Tell 2nd Circ. To Revive Nuke Plant Suit

    Two South Carolina utility customers on Friday asked the Second Circuit to revive a suit against Westinghouse Electric Co. to recover payments made for an abandoned nuclear project, saying their claims arise from Westinghouse’s post-Chapter 11 acts.

  • July 19, 2019

    DC Circ. Backs EPA On Ditching Hardrock Mining Rule

    The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

  • July 19, 2019

    Justice Stevens' Most Important Personal Injury Opinions

    The more than 1,000 opinions the late Justice John Paul Stevens authored during his three-plus decades on the U.S. Supreme Court included seminal rulings on punitive damages awards and maritime wrongful death cases. Here, Law360 looks back at a handful of opinions he wrote that have affected the personal injury bar and changed the way trial attorneys practice law.

  • July 19, 2019

    Qualcomm's Profitability No National Security Issue, FTC Says

    The Federal Trade Commission has fired back against efforts by Qualcomm and the U.S. Department of Justice to pause a blockbuster antitrust ruling forcing the chipmaker to retool its business model, arguing that reining in Qualcomm’s anti-competitive conduct outweighs any vague national security concerns the pair alluded to.

  • July 19, 2019

    2nd Circ. Revives NYC Taxi Drivers' Unfair Suspension Suits

    The Second Circuit ruled Friday that New York City's practice of summarily suspending licenses for taxi drivers who've been arrested but not yet convicted deprives them of due process by denying them meaningful opportunities to challenge their suspensions.

  • July 19, 2019

    The Legacy Justice Stevens Left On Antitrust

    The late Justice John Paul Stevens made use of his antitrust roots frequently during his tenure on the U.S. Supreme Court, penning more than two dozen majority opinions and dissents that helped shape modern antitrust law.

  • July 19, 2019

    FDCPA Time Limit Is Year From Incident, Feds Tell Justices

    The federal government has urged the U.S. Supreme Court to affirm the Third Circuit’s determination that the one-year time limit for launching Fair Debt Collection Practices Act lawsuits starts when the alleged wrongdoing occurs, not when it is discovered.

  • July 19, 2019

    7th Circ. Affirms 5-Year Sentence For Chiropractor's Fraud

    The Seventh Circuit on Thursday upheld a five-year sentence for an Illinois chiropractor found guilty of health care fraud, saying he failed to show evidence of an error that could have gotten him a lighter sentencing recommendation.

  • July 19, 2019

    NY Court OKs Hospital's Trial Win In Patient Death Suit

    A New York state appellate court has upheld a jury verdict in favor of a Hudson Valley hospital in a suit brought by the family of a deceased hip replacement patient, saying the trial came down to a battle of experts and the verdict was reasonable.

  • July 19, 2019

    Fla. High Court Won't Reinstate Smoker's $46.5M Verdict

    The Florida Supreme Court declined to take up the appeal of a decision overturning a $46.5 million verdict for a now-deceased smoker in an Engle progeny trial against R.J. Reynolds.

Expert Analysis

  • What High Court Ruling Means For Future Of Gerrymandering

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    After last month's U.S. Supreme Court decision in Rucho v. Common Cause and Lamone v. Bensiek, holding that partisan gerrymandering claims present a political question outside the reach of federal courts, state courts will likely see increased litigation attempting to strike down gerrymandered districts, say Junaid Odubeko and Mike Stephens of Bradley Arant.

  • State Net

    A Look At How States Are Experimenting With Health Care

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    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

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    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Fed. Circ. Limits Gov't Contractors' Litigation Cost Claims

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    The Federal Circuit's July 16 decision in Bechtel National v. United States upholds the precedent set in Geren v. Tecom, making it harder for contractors to argue government agencies indicated their willingness to reimburse them for third-party litigation expenses through contract terms, say attorneys at Arnold & Porter.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • 1st Circ. Takes A Bite Out Of Advertising Injury Coverage

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    The First Circuit's decision in Sterngold Dental v. HDI Global Insurance clarifies the treatment of the intellectual property exclusion to personal and advertising injury coverage under the standard commercial general liability form, bypassing the need to determine whether a trademark is an advertising idea, say Bryon Friedman and Robert Joyce of Littleton Park.

  • Preinstitution Submissions May Limit Certain ITC Probes

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    Following recent rule changes, U.S. International Trade Commission determinations and decisions by the Federal Circuit, proposed respondents may be able to prevent or limit the scope of ITC Section 337 investigations if they act quickly using various types of preinstitution submissions, says Michael Doane of Miles & Stockbridge.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • The Ripple Effect Of SAS Institute V. Iancu On IPR Practice

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    The U.S. Supreme Court’s 2018 SAS Institute v. Iancu decision has had subtle effects on Patent Trial and Appeal Board inter partes review institution practice. Understanding these nuances can help practitioners to alter their strategy and tactics to achieve the desired outcome on IPR petitions, say Tyler Bowen and Emily Greb of Perkins Coie.

  • The Nondelegation Doctrine And Enviro Regs, Post-Gundy

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    The U.S. Supreme Court’s recent decision in Gundy v. United States may have opened the door to a revitalization of the long-dormant nondelegation doctrine. Such a shift could make it difficult for a future administration to deal with climate change without congressional action, say William McGrath and Jeffrey Jay of Brownstein Hyatt.

  • NJ Tax Stop: Private, For-Profit Property May Be Tax-Exempt

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    Although an appeal to the New Jersey Supreme Court is pending, if the New Jersey Appellate Division's recent decision in Gourmet Dining v. Union Township stands, it may prove to be a watershed moment for property tax jurisprudence in the state by broadening the definition of "public purpose" to potentially include private, for-profit use of property, says Carl Rizzo of Cole Schotz.

  • What High Court's Kisor Ruling Means For FDA Decisions

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    The U.S. Supreme Court's decision in Kisor v. Wilkie, weakening Auer deference, gives courts more authority to challenge agency decisions — even those concerning very technical regulations, as many of the U.S. Food and Drug Administration's do, say attorneys at Axinn.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Myers May Make It Easier To Find Equitable Relief In Tax Court

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    A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit took an expansive view of equitable tolling of statutory filing deadlines and has potentially far-reaching ramifications for the U.S. Tax Court’s power to grant equitable relief, says Laura Gavioli at McDermott.

  • Preemption Vs. Public Nuisance, In Aviation And Opioids

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    A recent Iowa Supreme Court ruling concerning a local airport commission's authority to condemn a structure declared safe by the Federal Aviation Administration presents many of the same preemption questions that will play out in opioid litigation, says Richard Dean of Tucker Ellis.